ILLINOIS POLLUTION CONTROL BOARD
April 16, 1981
ILLINOIS ENVIRON1~4ENT2\L
PROTECTION AGENCY,
)
Complainant,
v.
)
PCB
81—27
CABOT CORPORATION,
)
)
Respondent.
ORDER OF THE BOARD
(by D. Satchell):
On March 6, 1981 Cabot Corporation
(Cabot)
filed a motion to
dismiss the complaint filed February 19 by the Illinois Environ-
mental Protection Agency (Agency).
On March 11 the Agency filed a
response and on March 19 Cabot filed a brief in support of its mo-
tion.
Counts
II through IX of the complaint allege violations of
air and water pollution regulations arising out of the collapse on
December 19, 1979 of a tower containing silicon tetrachloride.
Count
I alleges emission of contaminants arising from silicon tetra-
chloride on several dates
from December 11, 1970 through January 24,
1980.
There is no allegation of any causal relationship between
these emissions and the December 19, 1979 event.
Cabot contends that Count
I is barred in part because of
either the two or the five year statute of limitations
(Ill. Rev.
Stat.
1979,
ch.
83, Sections 15 and 16).
However, these limitations
are applicable only to personal actions to recover damages or a
statutory penalty.
There
is no statute of limitations in the Act.
The parties have also argued laches and estoppel.
However,
the motion is not supported by sufficient facts to support a finding
on these issues.
Cabot may make these claims as an affirmative de-
fense by way of answer
(Procedural Rule 308).
The motion is denied.
IT IS SO ORDERED.
I,
Christan L. Moffett,
Clerk of the Illinos Pollution Control
Board, hereby certify that the abOve Order was adopted on the
_____
day of
______________,
1981 by a vote of
_________
•
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Christan L. Moffett, CIe~’k/
Illinois Pollution Control Board
41—285